Allahabad HC issues split verdict on freeze in retributive demolitions
What's the story
The Allahabad High Court has delivered a split verdict on whether to impose a two-year freeze on the demolition of properties linked to accused persons. According to Bar and Bench, Justice Atul Sreedharan ordered a two-year moratorium on such demolitions, while Justice Siddharth Nandan disagreed, saying no fixed time period could be imposed. The matter has now been referred to the Chief Justice for resolution by a third judge.
Legal scrutiny
HC pulls up UP government over retributive demolitions
The court's decision comes amid criticism of the Uttar Pradesh government for continuing punitive demolitions despite Supreme Court directives.
The case was brought by a family whose house was allegedly targeted by a mob and police after one member was booked under the POCSO Act and UP Prohibition of Unlawful Religious Conversion Act.
Justice Sreedharan noted that notices for demolition are often issued soon after an FIR is registered, leading to retributive actions by the state.
Legal principles
Justice Nandan calls for accountability in unauthorized constructions
In his separate ruling, Justice Nandan stressed that there is a presumption that the government will act according to law and natural justice.
He said aggrieved persons can approach the High Court if they feel wronged by state actions.
The judge also called for accountability in unauthorized constructions and suggested simultaneous proceedings against erring officers if notices are issued for construction norm violations.
Judicial critique
Justice Sreedharan terms state-sponsored bulldozer actions 'discretion'
Justice Sreedharan criticized the continuation of bulldozer actions by the state, calling it a "retributive exercise of executive discretion."
Justice Nandan urged the court to take note of such practices as they violate fundamental rights.
The judge also emphasized that notices for construction norm violations should only be valid if simultaneous proceedings are initiated against erring officers within six months.